Records of the juvenile court, however, are confidential and may not be opened to inspection, nor may their contents be disclosed, except under certain statutory exceptions or by an order of the juvenile court. Currently, those exceptions include an exception that requires a juvenile court to disclose its records relating to a proceeding under the Children's Code (generally, a child in need of protection services or a termination of parental rights proceeding) or the Juvenile Justice Code (generally, a delinquency, civil law or ordinance violation, or a juvenile in need of protection or services proceeding) on the request of any other juvenile court, a municipal court, or a district attorney, corporation counsel, or city, village, or town attorney (prosecutor) to review juvenile court records for the purpose of any proceeding in that court. In addition, current law requires the juvenile court to disclose its records relating to a proceeding under the Juvenile Justice Code on the request of a court of criminal jurisdiction or a district attorney to review those records for the purpose of setting bail or impeaching a witness or on the request of a law enforcement agency to review those records for the purpose of investigating alleged criminal gang activity.

This substitute amendment requires the juvenile court to make information relating to proceedings under the Children's Code or the Juvenile Justice Code that is contained in the electronic records of the juvenile court available to any other juvenile court, a municipal court, a court of criminal jurisdiction, a prosecutor of a case in any of those courts, or an attorney or guardian ad litem for a parent or child who is a party to a proceeding in a juvenile court or municipal court (attorney or GAL). The substitute amendment also requires the juvenile court to make information relating to proceedings under the Juvenile Justice Code that is contained in the electronic records of the juvenile court available to a law enforcement agency. The substitute amendment, however, does not authorize disclosure of any information relating to the physical or mental health of an individual or that deals with any other sensitive personal matter of an individual, except with informed consent, by order of the juvenile court, or as otherwise permitted by law. A person to whom information is made available under the substitute amendment must keep that information confidential and may use or allow access to that information only as follows:

1. In the case of a juvenile court, municipal court, or court of criminal jurisdiction or an individual who is allowed access to that information by such a court, only for the purpose of conducting or preparing for a proceeding in that court.

2. In the case of a prosecutor, an attorney, or GAL, or an individual who is allowed access to that information by a prosecutor, attorney, or GAL, only for the purpose of performing the official duties of the prosecutor, attorney, or GAL relating to a proceeding in a juvenile court, municipal court, or court of criminal jurisdiction.

3. In the case of a law enforcement agency or an individual who is allowed access to that information by a law enforcement agency, only for the purpose of investigating any alleged criminal activity or any activity that may result in a court exercising its delinquency jurisdiction.

Finally, the substitute amendment permits the director of state courts to use CCAP to make information contained in the electronic records of the juvenile court available as provided in the substitute amendment, and provides for a forfeiture of not more than $5,000 for any person who intentionally discloses information in violation of the substitute amendment.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB173-SSA2,4,72
48.396 (1) Law enforcement officers' records of children shall be kept separate 3from records of adults. Law enforcement officers' records of the adult expectant 4mothers of unborn children shall be kept separate from records of other adults. Law 5enforcement officers' records of children and the adult expectant mothers of unborn 6children shall not be open to inspection or their contents disclosed except under sub. 7(1b), (1d), (5), or (6) or s. 48.293 or 938.396 (2m) (c) 1p. or by order of the court. This 8subsection does not apply to the representatives of newspapers or other reporters of 9news who wish to obtain information for the purpose of reporting news without 10revealing the identity of the child or adult expectant mother involved, to the 11confidential exchange of information between the police and officials of the public or 12private school attended by the child or other law enforcement or social welfare 13agencies, or to children 10 years of age or older who are subject to the jurisdiction of 14the court of criminal jurisdiction. A public school official who obtains information 15under this subsection shall keep the information confidential as required under s. 16118.125, and a private school official who obtains information under this subsection 17shall keep the information confidential in the same manner as is required of a public 18school official under s. 118.125. This subsection does not apply to the confidential 19exchange of information between the police and officials of the tribal school attended 20by the child if the police determine that enforceable protections are provided by a 1tribal school policy or tribal law that requires tribal school officials to keep the 2information confidential in a manner at least as stringent as is required of a public 3school official under s. 118.125. A law enforcement agency that obtains information 4under this subsection shall keep the information confidential as required under this 5subsection and s. 938.396 (1) (a). A social welfare agency that obtains information 6under this subsection shall keep the information confidential as required under ss. 748.78 and 938.78.

SB173-SSA2,4,159
48.396 (2) (a) Records of the court assigned to exercise jurisdiction under this 10chapter and ch. 938 and of courts exercising jurisdiction under s. 48.16 shall be 11entered in books or deposited in files kept for that purpose only.
TheyThose records12shall not be open to inspection or their contents disclosed except by order of the court 13assigned to exercise jurisdiction under this chapter and ch. 938 or as required or14permitted under this subsection, sub. (3) (b) or (c) 1.1g., 1m., or 1r. or (6), or s. 48.375 15(7) (e).

SB173-SSA2,4,2317
48.396 (2) (e) Upon request of a court of criminal jurisdiction to review court 18records for the purpose of conducting or preparing for a proceeding in that court or 19upon request of a district attorney to review court records for the purpose of 20performing his or her official duties in a proceeding in a court of criminal jurisdiction, 21the court assigned to exercise jurisdiction under this chapter and ch. 938 shall open 22for inspection by authorized representatives of the requester the records of the court 23relating to any child who has been the subject of a proceeding under this chapter.

SB173-SSA2,5,15148.396 (3) (b) 1. The court may transfer to the departmentshall make2information relating to proceedings under this chapter that is contained in the 3electronic records of the court available to any other court assigned to exercise 4jurisdiction under this chapter and ch. 938, a municipal court exercising jurisdiction 5under s. 938.17 (2), a court of criminal jurisdiction, a person representing the 6interests of the public under s. 48.09 or 938.09, an attorney or guardian ad litem for 7a parent or child who is a party to a proceeding in a court assigned to exercise 8jurisdiction under this chapter or ch. 938 or a municipal court, a district attorney 9prosecuting a criminal case, or the department, regardless of whether the 10departmentperson to whom the information is transferred is a party to or is 11otherwise involved in the proceedings in which the electronic records containing that 12information were created, and the. The director of state courts may use the circuit 13court automated information systems established under s. 758.19 (4) to make 14information contained in the electronic records of the court available as provided in 15this subdivision.

SB173-SSA2,5,2416(bm) The department may transfer to the court information contained in the 17electronic records of the department that are maintained in the statewide automated 18child welfare information system under s. 48.47 (7g). The director of state courts may 19use the circuit court automated information systems established under s. 758.19 (4) 20to facilitate the transfer of those electronic records betweenfrom the department to21the court and the department. The director of state courts and the department shall 22specify what types of information may be transferred from the department to the 23court under this paragraph and made available by the court to the department under 24par. (b) 1.

SB173-SSA2, s. 525Section
5. 48.396 (3) (b) 2. of the statutes is created to read:

SB173-SSA2,6,9148.396 (3) (b) 2. Subdivision 1. does not authorize disclosure of any information 2relating to the physical or mental health of an individual or that deals with any other 3sensitive personal matter of an individual, including information contained in a 4patient health care record, as defined in s. 146.81 (4), a treatment record, as defined 5in s. 51.30 (1) (b), the record of a proceeding under s. 48.135, a report resulting from 6an examination or assessment under s. 938.295, a court report under s. 938.33, or a 7permanency plan under s. 938.38, except with the informed consent of a person 8authorized to consent to that disclosure, by order of the court, or as otherwise 9permitted by law.

SB173-SSA2,6,1812
48.396 (3) (c) 1r. The department may allow access toshall keep any 13information transferredmade available to the department under par. (b) 1. 14confidential and may use or allow access to that information only for the purpose of 15providing services under s. 48.06, 48.067, 48.069, 938.06, 938,067938.067, or 16938.069. The department may allow that access regardless of whether the person 17who is allowed that access is a party to or is otherwise involved in the proceedings 18in which the electronic records containing that information were created.

SB173-SSA2, s. 719Section
7. 48.396 (3) (c) 1g. of the statutes is created to read:

SB173-SSA2,7,220
48.396 (3) (c) 1g. A court assigned to exercise jurisdiction under this chapter 21and ch. 938, a municipal court exercising jurisdiction under s. 938.17 (2), or a court 22of criminal jurisdiction shall keep any information made available to that court 23under par. (b) 1. confidential and may use or allow access to that information only 24for the purpose of conducting or preparing for a proceeding in that court. That court 25may allow that access regardless of whether the person who is allowed that access 1is a party to or is otherwise involved in the proceedings in which the electronic 2records containing that information were created.

SB173-SSA2, s. 83Section
8. 48.396 (3) (c) 1m. of the statutes is created to read:

SB173-SSA2,7,144
48.396 (3) (c) 1m. A person representing the interests of the public under s. 548.09 or 938.09, an attorney or guardian ad litem for a parent or child who is a party 6to a proceeding in a court assigned to exercise jurisdiction under this chapter or ch. 7938 or a municipal court, or a district attorney prosecuting a criminal case shall keep 8any information made available to that person under par. (b) 1. confidential and may 9use or allow access to that information only for the purpose of performing his or her 10official duties relating to a proceeding in a court assigned to exercise jurisdiction 11under this chapter and ch. 938, a municipal court, or a court of criminal jurisdiction. 12That person may allow that access regardless of whether the person who is allowed 13that access is a party to or is otherwise involved in the proceedings in which the 14electronic records containing that information were created.

SB173-SSA2,7,1816
48.396 (3) (c) 2. The court or the director of state courts may allow access to any 17information transferred to the court under par. (b)
(bm) only to the extent that the 18information may be disclosed under this chapter or ch. 938.

SB173-SSA2,7,2520
48.396 (3) (c) 3. The department, a court, the director of state courts, and any21An individual who is allowed under subd. 1g., 1m., 1r., or 2. to have access to any 22information transferred or made available under par. (b) 1. or (bm) shall keep the 23information confidential and may use and further disclose the information only for 24the purposepurposes described in subd. 1.1g., 1m., or 1r. or to the extent permitted 25under subd. 2.

SB173-SSA2,8,225
48.47 (7g)Statewide automated child welfare information system. Establish 6a statewide automated child welfare information system. Notwithstanding ss. 746.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 851.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and 9(2), and 938.78 (2) (a), the department may enter the content of any record kept or 10information received by the department into the statewide automated child welfare 11information system, and a county department under s. 46.215, 46.22, or 46.23, the 12department, or any other organization that has entered into an information sharing 13and access agreement with the department or any of those county departments and 14that has been approved for access to the statewide automated child welfare 15information system by the department may have access to information that is 16maintained in that system, if necessary to enable the county department, 17department, or organization to perform its duties under this chapter, ch. 46, 51, 55, 18or 938, or 42 USC 670 to 679b or to coordinate the delivery of services under this 19chapter, ch. 46, 51, 55, or 938, or 42 USC 670 to 679b. The department may also 20transfer information that is maintained in the system to a court under s. 48.396 (3) 21(b)(bm), and the court and the director of state courts may allow access to that 22information as provided in s. 48.396 (3) (c) 2.

SB173-SSA2,9,324
48.78 (2) (a) No agency may make available for inspection or disclose the 25contents of any record kept or information received about an individual who is or was 1in its care or legal custody, except as provided under s. 48.371, 48.38 (5) (b) or (d) or 2(5m) (d), 48.396 (3) (b)(bm) or (c) 1.1r., 48.432, 48.433, 48.48 (17) (bm), 48.57 (2m), 348.93, 48.981 (7), 938.396 (2m) (c) 1r., 938.51, or 938.78 or by order of the court.

SB173-SSA2,9,135
48.78 (2) (h) Paragraph (a) does not prohibit the department, a county 6department, or a licensed child welfare agency from entering the content of any 7record kept or information received by the department, county department, or 8licensed child welfare agency into the statewide automated child welfare 9information system established under s. 48.47 (7g) or the department from 10transferring any information maintained in that system to the court under s. 48.396 11(3) (b)(bm). If the department transfers that information to the court, the court and 12the director of state courts may allow access to that information as provided in s. 1348.396 (3) (c) 2.

SB173-SSA2,9,1815
938.396 (1) (a) Confidentiality. Law enforcement agency records of juveniles 16shall be kept separate from records of adults. Law enforcement agency records of 17juveniles may not be open to inspection or their contents disclosed except under par. 18(b) or (c), sub. (1j), (2m) (c) 1p., or (10), or s. 938.293 or by order of the court.

SB173-SSA2,9,2420
938.396 (2)Court records; confidentiality. Records of the court assigned to 21exercise jurisdiction under this chapter and ch. 48 and of municipal courts exercising 22jurisdiction under s. 938.17 (2) shall be entered in books or deposited in files kept for 23that purpose only. Those records shall not be open to inspection or their contents 24disclosed except by order of the court assigned to exercise jurisdiction under this 1chapter and ch. 48 or as required or permitted under sub. (2g), (2m) (b) or (c), or (10) 2or s. 48.396 (3) (b) or (c) 1.

SB173-SSA2,10,154
938.396 (2g) (c) Law enforcement agencies. Upon request of a law enforcement 5agency to review court records for the purpose of investigating a crime that might 6constitute criminal gang activity, as defined in s. 941.38 (1) (b), the court shall open 7for inspection by authorized representatives of the law enforcement agency the 8records of the court relating to any juvenile who has been found to have committed 9a delinquent act at the request of or for the benefit of a criminal gang, as defined in 10s. 939.22 (9), that would have been a felony under chs. 939 to 948 or 961 if committed 11by an adultalleged criminal activity or activity that may result in a court exercising 12jurisdiction under s. 938.12 or 938.13 (12), the court assigned to exercise jurisdiction 13under this chapter and ch. 48 shall open for inspection by authorized representatives 14of the requester the records of the court relating to any juvenile who has been the 15subject of a proceeding under this chapter.

SB173-SSA2,11,517
938.396 (2g) (d) Bail; impeachment; firearm possessionCriminal and civil 18proceedings. Upon request of a court of criminal jurisdiction or a district attorney 19to review court records for the purpose of setting bail under ch. 969, impeaching a 20witness under s. 906.09, or investigating and determining whether a person has 21possessed a firearm in violation of s. 941.29 (2) or body armor in violation of s. 941.291 22(2)to review court records for the purpose of conducting or preparing for a proceeding 23in that court, upon request of a district attorney to review court records for the 24purpose of performing his or her official duties in a proceeding in a court of criminal 25jurisdiction, or upon request of a court of civil jurisdiction or the attorney for a party 1to a proceeding in that court to review court records for the purpose of impeaching 2a witness under s. 906.09, the court assigned to exercise jurisdiction under this 3chapter and ch. 48 shall open for inspection by authorized representatives of the 4requester the records of the court relating to any juvenile who has been the subject 5of a proceeding under this chapter.

SB173-SSA2,11,229
(b) 1. The court shall make information relating to a proceeding under this 10chapter that is contained in the electronic records of the court available to any other 11court assigned to exercise jurisdiction under this chapter and ch. 48, a municipal 12court exercising jurisdiction under s. 938.17 (2), a court of criminal jurisdiction, a 13person representing the interests of the public under s. 48.09 or 938.09, an attorney 14or guardian ad litem for a parent or child who is a party to a proceeding in a court 15assigned to exercise jurisdiction under this chapter or ch. 48 or a municipal court, a 16district attorney prosecuting a criminal case, a law enforcement agency, or the 17department, regardless of whether the person to whom the information is disclosed 18is a party to or is otherwise involved in the proceedings in which the electronic 19records containing that information were created. The director of state courts may 20use the circuit court automated information systems established under s. 758.19 (4) 21to make information contained in the electronic records of the court available as 22provided in this subdivision.

SB173-SSA2,12,523
2. Subdivision 1. does not authorize disclosure of any information relating to 24the physical or mental health of an individual or that deals with any other sensitive 25personal matter of an individual, including information contained in a patient health 1care record, as defined in s. 146.81 (4), a treatment record, as defined in s. 51.30 (1) 2(b), the record of a proceeding under s. 48.135, a report resulting from an examination 3or assessment under s. 938.295, a court report under s. 938.33, or a permanency plan 4under s. 938.38, except with the informed consent of a person authorized to consent 5to that disclosure, by order of the court, or as otherwise permitted by law.

SB173-SSA2,12,136(c) 1g. A court assigned to exercise jurisdiction under this chapter and ch. 48, 7a municipal court exercising jurisdiction under s. 938.17 (2), or a court of criminal 8jurisdiction shall keep any information made available to that court under par. (b) 91. confidential and may use or allow access to that information only for the purpose 10of conducting or preparing for a proceeding in that court. That court may allow that 11access regardless of whether the person who is allowed that access is a party to or 12is otherwise involved in the proceedings in which the electronic records containing 13that information were created.

SB173-SSA2,12,2414
1m. A person representing the interests of the public under s. 48.09 or 938.09, 15an attorney or guardian ad litem for a parent or child who is a party to a proceeding 16in a court assigned to exercise jurisdiction under this chapter or ch. 48 or a municipal 17court, or a district attorney prosecuting a criminal case shall keep any information 18made available to that person under par. (b) 1. confidential and may use or allow 19access to that information only for the purpose of performing his or her official duties 20relating to a proceeding in a court assigned to exercise jurisdiction under this chapter 21and ch. 48, a municipal court, or a court of criminal jurisdiction. That person may 22allow that access regardless of whether the person who is allowed that access is a 23party to or is otherwise involved in the proceedings in which the electronic records 24containing that information were created.

SB173-SSA2,13,811p. A law enforcement agency shall keep any information made available to the 2law enforcement agency under par. (b) 1. confidential and may use or allow access 3to that information only for the purpose of investigating alleged criminal activity or 4activity that may result in a court exercising jurisdiction under this chapter or ch. 548. A law enforcement agency may allow that access regardless of whether the 6person who is allowed that access is a party to or is otherwise involved in the 7proceedings in which the electronic records containing that information were 8created.

SB173-SSA2,13,159
1r. The department shall keep any information made available to the 10department under par. (b) 1. confidential and may use or allow access to that 11information only for the purpose of providing services under s. 48.06, 48.067, 48.069, 12938.06, 938.067, or 938.069. The department may allow that access regardless of 13whether the person who is allowed that access is a party to or is otherwise involved 14in the proceedings in which the electronic records containing that information were 15created.

SB173-SSA2,13,1916
2. An individual who is allowed under subd. 1g., 1m., 1p., or 1r. to have access 17to any information made available under par. (b) 1. shall keep the information 18confidential and may use and further disclose the information only for the purpose 19described in subd. 1g., 1m., 1p., or 1r.

SB173-SSA2,13,2120
(d) Any person who intentionally uses or discloses information in violation of 21par. (c) may be required to forfeit not more than $5,000.

SB173-SSA2,14,223
938.78 (2) (a) No agency may make available for inspection or disclose the 24contents of any record kept or information received about an individual who is or was 25in its care or legal custody, except as provided under sub. (3) or s. 48.396 (3) (b)(bm)1or (c) 1.1r., 938.371, 938.38 (5) (b) or (d) or (5m) (d), 938.396 (2m) (c) 1r., 938.51, or 2938.57 (2m) or by order of the court.

SB173-SSA2,14,124
938.78 (2) (h) Paragraph (a) does not prohibit the department of children and 5families, a county department, or a licensed child welfare agency from entering the 6content of any record kept or information received by that department, county 7department, or licensed child welfare agency into the statewide automated child 8welfare information system established under s. 48.47 (7g) or the department of 9children and families from transferring any information maintained in that system 10to the court under s. 48.396 (3) (b)(bm). If the department of children and families 11transfers that information to the court, the court and the director of state courts may 12allow access to that information as provided in s. 48.396 (3) (c) 2.